Alamelu v. Ramalingam
Case brief
What is this about?
In a civil revision petition, the High Court of Madras set aside the trial court's order appointing a second commissioner. The Court held that the requirements of Order XXVI Rules CPC were not met as the affidavit failed to show the first report was erroneous.
What did the court decide?
The revision is allowed; the order of the trial court in I.A.No.823 of 2017 is set aside and stands dismissed; no costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.No.2456 of 2018 and C.M.P.Nos.15021 of 2018 and 25018 of 2019
Alamelu .. Petitioner/Respondent/Defendant Vs. 1.Ramalingam 2.Prakash ..Respondents/Petitioners/Plaintiffs PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order and decreetal order in I.A.No.823 of 2017 in O.S.No.239 of 2016 on the file of the District Munsif Court, Attur dated 06.02.2018 and prays that the Civil Revision Petition may be allowed with costs throughout.
This matter is taken up for hearing through VideoConferencing.
2. The defendant in O.S.No.239 of 2016 is the petitioner. The challenge is to the order made in I.A.No.823 of 2017 appointing a second commissioner to measure the suit property with the help of the surveyor and submit a report and plan.
- The suit is for declaration of title to the suit property (including the western wall) as absolute property of the plaintiff and for injunction restraining the defendant from interfering with the plaintiffs peaceful possession and
Issues for consideration
2 issues framed by the court
Whether the trial court satisfied the legal requirements of Order XXVI Rules CPC to appoint a second commissioner.
Whether the revision petition to set aside the order appointing a second commissioner should be allowed.
Parties & counsel
- petitioner
Alamelu
- respondent
Ramalingam
- respondent
Prakash
Coram
Case details
As recorded by the court registry
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